Workers’ compensation is a state-mandated program. Therefore, the laws regarding workers' compensation vary from one state to another. However, for the most part, employers are required to maintain workers' insurance coverage for their employees. The state laws vary significantly, but there are some similarities in them. As an example, California, Delaware and the District of Columbia require all businesses that have at least one employee to maintain workers' compensation coverage while Arkansas requires most employers with three or more employees to maintain coverage. While some business must purchase their coverage from a commercial insurance provider, others that are approved might be able to self-insure depending on state law. Some states, such as Alaska, offer coverage through a state-administered fund. What is Workers' Compensation? In general, most workers' compensation plans offer the same kinds of coverage. All workers' compensation offers medical benefits, which take care of the costs of seeking medical care for the diagnosis and treatment of your injury or condition. Short-term disability is also included but the length of short-term disability coverage can vary from two to three years depending on the state. Short-term disability provides about two-thirds of your weekly wages, up to a state maximum, while your doctor says you are unable to work. If you are out of work longer than that period, you might be eligible for permanency benefits, which is also called permanent disability. These are weekly wages just like those paid through short-term disability. Some states allow long-term disability indefinitely while others cut them off when you reach retirement age at 65. Sometimes you might be eligible for a lump sum settlement based on the severity of your injury and the percentage of disability after you are released to return to work. Some states require workers' comp to offer vocational retraining if you cannot return to the same job. State Laws Take Precedence State laws take precedence over workers' compensation. Your employer and their insurer must adhere to those laws. Because of the complexity of a workers' comp claim, you need to consult with a workers' comp attorney right away. There is a statute of limitations that applies and you have some certain protocol to follow when filing a claim. An attorney can help with those steps. Consult With A Workers' Compensation Lawyer If you have been injured on the job or you are suffering from a work-related illness, you should consult with a workers' compensation attorney in your state. A lawyer can help you get your claim on track and ensure your rights are protected. With the help of a workplace injury lawyer, you are more likely to get access to all the benefits that you are entitled to receive in such predicaments. Because of the complexity of such claims and the challenges of dealing with insurance companies, you should not try to go it alone without legal help on your side. Schedule a free case evaluation today. Additional Resources Workers' Compensation By State Do I Need to Hire a WC Lawyer from the State I Was Injured In?
